Your loved one may have been seriously hurt in an accident, such as a car crash. In the days and weeks following the accident, they may have also started a personal injury claim, or one may have been started on their behalf. Depending on the facts of a specific case, a personal injury claim can take quite some time. During that time, your family member may have passed away.
The above situation presents a new set of challenges in personal injury cases. If someone else’s negligence was the cause of the accident that resulted in your loved one’s injuries, you may still have legal options. The route you choose will largely depend on your loved one’s cause of death, the types of losses sustained, and when they passed away. If you have questions about what steps you can take, reach out to our Columbia personal injury lawyer for a free consultation.
Your Options if a Personal Injury Claimant Dies
When one person’s negligence causes another person harm, the death of the victim does not release the careless party from liability. The accident victim suffered the most severe consequences and so, liable parties should still be held accountable. The damages an accident victim suffered will survive their death and so, family members still have legal options.
The two options available to family members after a personal injury claimant dies are a survival action and a wrongful death claim. In most cases, these two claims are filed together, even though they have very different purposes. However, there are times when just one claim is filed.
Survival Actions in South Carolina
Not all accidents are immediately fatal for victims. When a claimant dies during proceedings, a survival action is likely applicable. As the name suggests, these claims survive the claimant’s death.
The law recognizes that the losses sustained by the accident victim, such as medical expenses, lost income, and pain and suffering were still incurred. They also recognize that liable parties are still responsible for paying damages for them.
Survival actions are appropriate when an accident victim is seriously hurt in an accident, but they do not succumb to their injuries right away. For example, a person may be involved in a car accident.
Their injuries are serious enough to require hospitalization. While the victims spend three weeks in the hospital, they incur many medical expenses, are unable to return to work, and will suffer a significant amount of pain and suffering. After three weeks, the victim may succumb to their injuries and pass away.
In the above example, a survival action could be filed on behalf of the deceased to recover these losses. Any damages awarded in a survival action are then distributed to the estate of the deceased.
After the estate has been administered by the probate courts, any property remaining within it is then distributed to beneficiaries.
Only executors are eligible to file a survival action after a personal injury claimant dies. Executors are named in the estate plan of a deceased. If no estate plan is left behind, the probate courts will name an executor.
A successful survival action requires family members to prove that their loved one suffered additional injuries and other losses between the time of the accident and the time they passed away.
If there are grounds for a lawsuit, it is critical to collect important evidence. This evidence can include medical bills, medical documentation, police reports, and eyewitness statements. You will also need evidence documenting the extent of your loved one’s losses, such as the cost of repairing their personal property, and the total income they lost while they were in the hospital.
Wrongful Death Claims in South Carolina
When the careless actions of another person cause someone else’s death, a wrongful death claim can also be filed. Unlike survival actions, wrongful death claims are not intended to compensate the estate of the deceased for the losses they suffered prior to their death. Instead, wrongful death claims recognize that the death imposed personal injury onto the family members of the deceased and compensate them for their losses. Common damages included in wrongful death claims are as follows:
- The loss of support and guidance the deceased provided to loved ones
- The loss of future wages and other financial support the accident victim would have provided to family members
- The loss of love and companionship the deceased provided other family members
- Loss of consortium, or the loss of an intimate relationship with a spouse
- Funeral and burial costs
When a claimant dies during proceedings, family members still have the same burden of proof to show fault as the accident victim would have if they could have moved forward with their claim. You will need to show that it was the negligent, reckless, or intentional actions of the defendant that caused your loved one’s death. This can be more challenging than it may seem at first.
For example, an accident victim could have already started a personal injury claim while they were recovering in the hospital. During their hospitalization, the accident victim suffered a heart attack.
This can make it very difficult to show that the negligent actions of the defendant caused the death and that it was not caused by other factors. Even when a wrongful death claim is not applicable, a survival action could still be if the accident victim survived for even a short time before their death.
Our Wrongful Death Lawyers in South Carolina Can Prove Your Case
There is nothing harder than losing someone you love. When they have passed away during personal injury proceedings, the complexities of the legal case that follows can be even more challenging. At Rikard & Protopapas, our South Carolina wrongful death lawyers can advise you of your legal options and help you through the appropriate process so you obtain the full and fair damages your family is entitled to. Call us now or contact us online to schedule a consultation and to get the legal help you need.